STATUTORY INSTRUMENTS

2000 No. 183 (C.4)

DATA PROTECTION

The Data Protection Act 1998 (Commencement) Order 2000

The Secretary of State, in exercise of the powers conferred on him by sections 67(2) and 75(3) of the Data Protection Act 1998[1], hereby makes the following Order:

1.This Order may be cited as the Data Protection Act 1998 (Commencement) Order 2000.

2. - (1) The provisions of the Data Protection Act 1998, other than those referred to in section 75(2) (provisions coming into force on the day on which that Act was passed) and section 56 (prohibition of requirement as to production of certain records), shall come into force on 1st March 2000.

(2) The coming into force of section 62 of the Data Protection Act 1998 shall not affect the application of section 159 (correction of wrong information) or section 160 (alternative procedure for business consumers) of the Consumer Credit Act 1974[2] in any case where a credit reference agency has, in response to a request under section 158(1) of that Act, complied with section 158(1) and (2) or dealt with the request under section 160(3) before 1st March 2000.

Mike O'BrienParliamentary Under-Secretary of State

Home Office31st January 2000

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings the Data Protection Act 1998, with the exception of section 56 and those provisions already in force by virtue of section 75(2), into force on 1st March 2000. Section 75(4) of the Act provides that section 56 (prohibition of requirement as to production of certain records) must not be brought into force before sections 112, 113 and 115 of the Police Act 1997 (which provide for the issue by the Secretary of State of criminal conviction certificates, criminal record certificates and enhanced criminal record certificates) are all in force.

The Order makes transitional provision for requests made to credit reference agencies pursuant to section 158 of the Consumer Credit Act 1974.

The provisions of the Data Protection Act 1998 implement Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.